Many buyers of flats face problems due to mistakes committed by the builder. Recently, a
friend wanted to buy a flat in North
Bangalore in an apartment nearing completion.He produced a brochure given by
the builder.The brochure contained elevation of the apartment building with
basement, ground and four floors. It is mentioned in the brochure that BBMP
sanctioned the plan..But, when enquiries were made with BBMP, it was found
that BBMP sanctioned basement, ground and two floors only.
It was
also found out that the site is facing a road only 15 wide and additional
floors requested by the builder is not being considered by BBMP. Several
persons might have advanced considerable amounts to buy the flats.The builders may continue to
build additional floors as enforcement
by BBMP is not good or in collusion with BBMP officials of that area.If any
complaint is made about unauthorized
construction of floors, builder will obtain stay orders
from the Court and forget about the action by the BBMP. Such
things are common in Bangalore especially if the builder is not a reputed firm.The
builder may feel to get the violation
of additional floor /floors regularized under
“Akrama- Sakrama Scheme “, when
introduced.
The BBMP Revenue
Department may collect property tax for that illegal built up area saying that
property tax payment is not a commitment to regularize the unauthorized
additional area.
Buyers of such flats will
have to face problems in the future. BBMP may claim betterment /development
charges from buildings which were
in panchayat limits
before they are included in the
BBMP area. By then, the builder will not be available after selling all the flats in that apartment project. Even if available, he may not be willing to pay the betterment
charges/development charges claimed by
BBMP, which is a substantial amount. The owners may have to form an Association
of Owners and collect contribution from the flat owners to pay betterment/development
charges to the BBMP.
Many of the owners may
not be willing to pay contribution for betterment/development charges saying that they have paid
market value to the builder and
may suggest that the builder may be
forced legally to pay betterment charges to BBMP. The builders escape such expenditure later by including a
condition in the sale deed that for all
future payments to the agencies, builder is not responsible and should be borne
by the buyer/buyers.The problem will continue and sewerage connections will not
be provided. They may manage water supply from the bore well. But, BBMP
services like; garbage removal, road maintenance, street lighting, etc will not be available.
There is one more problem to the buyers of
flats in that apartment in respect of
‘Undivided Share of the Property’. In the beginning of the project, the
undivided share is distributed to the sanctioned flats. The buyers of flats in
the unauthorized floors later may not get undivided share for their flats, or the builder may cheat by calculating undivided share later on
including the illegal flats. This problem will have to be faced many years
after the construction of the building when it is decided to demolish the existing
building to build a new modern building, or when the building collapses during earth
tremors or earth quakes. When a new building is to be constructed in such a situation, the area to
be given to each of the flat owners in the new building based on the undivided share indicated by the builder will lead to
disputes among the owners. Builder will not be available at that time or will
not be willing to involve in this problem even if he continues to be in the
building activity.
Advice to the flat buyers is to verify the building plan sanctioned
by BBMP or Appropriate Town Planning Authority and other
points mentioned above to see
that they do not have problems about the building in the future.
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